The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1887-12-09
RAILROAD GRANTS.
The Secretary of the Interior on
Land Grants.

the land system was based.
Apart frori the meth DDS Of illegal apprupria-
zion OF the public domain effected through tho
perversion Of the several laws for acquiring tito
thereto, became convinced that the admins
tration OF Congressional grants OF lands to
wagon and rail roads had given rise to enormous
nbases. Congress had not only made grants,
which. 10 some instances, exceeded in extent
the area Of q half dozen of the largest and most
populous States OF the Union but. in addition.
provided that any losses Of lands within the
granted limits should be satisfied by selections
OF lands within other and adjoining limits,
thus nearly doubling the area OF the
original grant. Under these acts, the
land department had withdrawn from
public appropriation not only the granted
limits as required by law. but also the lands
within the indemnity limits, at the request OF
the grantee companies. Thus enormous guam
titles of the public lands were held in reserva-
ton 70 await the convenience OF the respective
corporations in the construction of their roads,
the selection OF its lands; and the uncertain adj
jnstments OF the grants by the department.
do not for q moment question the wisdom OF aid
ing in the construction Of railroads. That
policy was at the time q wise one. but In the
light OF experience il may well be asked whether
II would not have been wise to have aided these
great enterprises otherwise than ty grants OF
The public domain. Though much good has
been wrought, certain il is that the legislation
by which these vast territories passed under
the dominion of railroad companies gave an
incurable wound to the homestead scheme be.
fore that scheme had fair opportunity for dis
playing its beneficent effects. This land grant
legislation was certainly not in harmony with
the theory Of the distribution Of the public do
main among the people, and gave up to capital
fists basis for traffic and speculation and
gigantic financial schemes what was. by tine
original policy OF the Government, designed to
be homes for an industrious and thrifty people,
the xbodes Of domestic happiness and virtue
and patriotism.
Notwithstanding these indemnity Withdrawals
were made exclusively for the interests OF the
company, few Of these, il any of them, con-
st ructed their roads within the time pre-
scribed in the granting act as an express condi-
tion on which the grant was made. Maps OF
probable" general " "designat-d' and def
nate routes of said road were filed with rapid
fly in the department, and Withdrawals there
under asked and almost invariably granted. un-
Til the public md, States and Territories, were
gTid-ironed over with railroad, granted and in
demnity limits; and in many instances the
limits of one road overlapping and conflicting
with other roads in the most bewildering man.
ner. SO that the settler, seeking home. could
scarcely find one or perhaps two or three Of the
roads to which grants Of land had been made by
Congress.
Nor was this all. Though the desired tract
might not be apparently covered by q rail-
road location the settler would hardly select it
before agents of the corporations would set up
. claim to it, or to the right to occupy and de-
nude il, under the right OF way and construc-
zion privileges conferred by the granting act.
Thus the settler, ignorant of his legal rights,
and with no one to advise him with respect 10
either the law or the facts. would for the sake
OF peace and a home, readily consent to pur-
chase from the company. In this way these
corporations. in addition to the lands granted
them. have claimed, sold and received the price
Of a great deal o. other land to which they had
neither legal nor moral right, nor the shadow OF
either
The intrusion, the hardship and imrositions
practiced upon the settlers were greatly in
creased by the bold schemes OF the corporated
agents where Withdrawals were made of lands
70 which the legal title Of the companies had
not attached. and which afterwards remained
tn the same condition for years through the
failure of Congress to make the necessary APP
Preparations FOR the surveys When. however,
through partial surveys and adjustments Of
grants, lands thus sold by company were
found 10 be outside of the grants and deter
mined by the department to be public lands.
the purchaser from the company found himself
in the unfortunate predcamcnt of having lost
both his land and his money. Generally with
out the means to enter into q costly litigation
with powerful corporation. the deprivation OF
his home. the expenditure and waste Of his
years. his energy and strength, in redeeming
that home from its wild condition. rendered
his mere technical right OF action against
the company but little more than a mock
cry. Years have elapsed since mary OF
the grants have been made and other years
since the Withdrawals. Some OF the companies
have constructed the entire limit OF their roads,
Others fragmentary portions only and others
again none at all, but the Withdrawals OF the
lands were no less effective as a barrier against
the settlers in the one case than in the other
It mattered not what might be his equities &C.
Quired by years OF toll upon what he believed
TO be part OF the National domain, it was de-
clared by the highest judicial tribunal. as ex-
pounded by the highest law officers OF the exec
utive, that q withdrawal once made by compe-
tent authority was legal and effective to exclude
all from intrusion within its limits.
One case where hardship and injustice were
about to be inflicted under the law came under
your observation. Guilford Miller settled upon
lands afterward selected and claimed by the
Northern Pacific Railroad Company to be with
IN the withdrawal for indemnity purposes. Some
doubt arising as to the legality Of that with
drawal the case was referred by this depart
Enent to the Attorney General for his opinion on
the question OF the law. Tlat officer held that
the withdrawal was legal. and that during its
existence Miller could acquire no right title
70 the tract claimed by him and on which he
Eved.
Whilst recognizing the correctness OF the
law, you saw the injustice OF the case SO far as
the individual settler was affected; and that
hundreds OF Others were similarly situated who
might and would be affected: and you directed
that such grants should be administered by
this department as, il possible, to protect
these settlers from such injustice, stating your
belief, that this can be done under the pro-
declares hat Sela hal
be made under the direction Of the Secretary Of
the Interior"
After years OF waiting, Congress has failed to
empower the department to make the neces-
sary surveys whereby some OF the grants might
be adjusted and 10 immediate prospect of such
surveys was in sight. But law was passed
March s. 1857, % revised statutes, $50. whereby
the Secretary Of the Interior was directed TO
Immediately adjust each Of the railroad land
grants made by Congress to aid in the co1struc-
ton OF railroads"
With an earnest desire to obey the mandates
OF Congress, to give to the corporations their
every right under the laws. and at the sane
time follow the direction given Ivy you to see
that ample protection should be extended to
settlers and those seeking to make settlement
on public lands "a matter which had been so
long and so utterly overshaiowed) 1 entered |
upon most careful consideration OF the whole |
subject OF the history End law relating 10 land |
grants, and concluded that if the department |
was clothed with authority TO make indemnity |
Withdrawals, as had been Gone in many in
stances the exercise OF that authority was a |
matter entirely within sound discretion and not |
matter OF legal obligation is: any respect; that |
the same sound discretion which. in the inter |
est OF the companies. lustfieS said Withdrawals |
demanded peremptorily in the public interest q |
speedy revocation OF t,e same and that the |
most effective way Of expediting an adjustment |
OF the land grants and doing exact justice to |
the companies guarding and promoting the |
Interests OF the settlers ALSO was to permit the
public to enter into competition with the COM |